Deven Shah 25 January 2022

Permanent alternate accomodation agreement wrongly done only with second title owner as occupier

I have a property situated in Borivali east measuring 180 Sqft bought by me in Feb 1998. I have included my Name as the first title owner with my brother as second title owner. I am not occupying the property since 2005. Now I came to know that Society has entered into Developement agreement with a developer in 2019 and with my brother and subsequently entered into Permanent Alternate Accomodation Agreement with him ( as occupier) in Feb 2021 completely ignoring me. Is this legally valid agreement ? Will the possession be handed over only to my Brother after completion of the redevelopement ? what are the legal recouse available to me to challange this and to which authority / Authorities I should raise my concern ? Deven Shah , Borivali - Mumbai. Please help

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4 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 28 January 2022

Immediately issue a notice, that you are one of the co-owner of the property and to hand over your share of property by way of entering into a new agreement withyou. otherwise you can approach the competent civil court

Deven Shah 28 January 2022

Dear Sir,

Thanks for your reply with the advice. I have already issued a legal notice to my Brother , Society office bearers and Developer. But my brother has done this intentionally to endorse his 100% claim on the other parental properrty in the same buidling ( He is occupying the same and entered into PAAA with developer as occupier ). He is using this approach to make me release bmy 33.33% share in the parental property ( 450 Sqft flat againt which 515 sqft Flat - approx market value 1.2 Cr).

I would be obliged if you enlighten me with following questions with respect to filing a suit in City Civil court

1. What would be the expense to file a suit for the property having market value approx 50Lakhs?

2. Will it ensure that my brother can't take possession of the flat once redevelopmet is done ?

3. Can society office bearers and / or developer also be made parties for cheating / forgery or such acts under relevant IPC ?

Thanks and Regards

Deven Shah

Mumbai

Aryan Raj 28 January 2022

Deae Deven,

According to Section 44 to 47 in the Transfer of Property Act, When a property is owned by several people, the sale of the property in its entirety by one person does not invalidate the entire sale; rather, the sale of the property is lawful only to the extent of the part which is owned by one of the owner's of the property.

Therefore you can send a notice for getting your share or even not having your part of the property to be sold. And in case you don't receive any reply to the notice then you can sue the builder as well as your brother.

Regards,

Aryan Raj

Deven Shah 29 January 2022

Dear Aryan Sir,

Thanks for your valuable feedback.

Here the First owner of the property is myself and my brother is second owner. So do you endorse that it is legally admissible to have delvelpment agreement and PAAA for the entire property done only with the second title holder ?

What weigtage the letter ( attached here) issued by Society endorsing my brother as occupier ?

I have already sent notice to buider and society apart from my brother but no response.
what kind of suit i need to file and what could be the expenses ( Court fees etc for property value approx 50 LAKHS).

What is the outcome expected and time frame ( May be more than the time it would take the redevelopement to be concluded ) ?

Whether builder canhandover the entire possession only to my brother ?

Please advice and oblige

thanks

Deven